Motion denied in reckless homicide case
JANESVILLE -- A motion to dismiss the homicide case against the Beloit man accused of giving a Milton man a fatal dose of heroin was denied Thursday in Rock County Court.
David W. Givhan, 25, and his attorney, Jack Hoag, had requested that the case be dismissed, claiming insufficient evidence was provided at the preliminary hearing to bind Givhan over for trial.
They said testimony from different witnesses was inconsistent and didn’t provide probable cause to charge Givhan with felony first-degree reckless homicide.
Givhan is suspected of selling heroin in Beloit to Luc A. Marsh, 29, on March 31, 2009. Marsh was found dead from an overdose in a bathroom at the Edgerton hospital where he worked.
Hoag said witnesses told different stories about where the drugs were ingested and other details of the case. He said the witnesses didn’t provide a consistent story suggesting Givhan’s guilt.
Assistant District Attorney Richard Sullivan said the preliminary hearing is not the time to determine witness credibility. He said the testimony provided was enough for probable cause.
Judge Kenneth Forbeck said he reviewed the transcript from the preliminary hearing. He said the testimony was sufficient to move forward. He said jurors would judge the credibility of the testimony at trial.
For a full story, read Friday's Gazette, read online in the Gazette's E-Edition or check back at Gazettextra.com.
